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you're watching cbs 5 eyewitness news on the cw. 284 days since the physical altercation with his wife. a man elected sheriff of san francisco is learning his fate as we speak. we'll go live to city hall. >> all you heard was a car. my mom started running towards me. >> it happened in the blink of an eye. how a mother may have saved her son's life by risking her own on his birthday. >> and why one bay area police department is encouraging its officers to come out of the closet. good evening, i'm ken bastida. >> and i'm dana king. it's an unprecedented decision for the board of supervisors. what to do with an embattled sheriff. cbs 5 reporter, linda yee is live at city hall where
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supervie supervisors are meeting right now. >> making a statement, they just started doing that within the last 20 minutes. so we're getting a sense of how they are going to vote when they actually take that vote, which i'm sure now, will be coming in the next half hour or so. now the public testimony went on for seven hours. more than 100 people lined up to make their cases before the board. most of those speakers were supporters of ross mirkarimi. earlier, mirkarimi and his wife were at a rally. they also brought their child. they had this to say before the hearing started. >> we are here to recognize all our friends because of the incredible support over the many months. that's why we are here. we can only hope for the best outcome. >> we are here. we will extend the family,
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fighting for justice. this is a family that wants to be together and important moments for san francisco. >> now we are getting word that the supervisors are just about to vote. let's switch live inside to the board of supervisors. >> the city law enforcement, we need to think about checks and balances and city government and how we are holding the will of the voters. i think it goes without saying that no one here condones any form of domestic violence, whether it will psychological or verbal or physical abuse. all of them could be in play tonight. the city we try to protect victims, support rehabilitation of perpetrators and do to prevent an incident of domestic violence in the future. i think it goes without saying that as public officials, we are expected to be models of good behavior. everyone knows that none of us are perfect. there is a reasonable
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expectation on greater officials in our private practices. this vote is not about affirming that we are setting moral standards for elected officials. what we are here to decide is whether or not sheriff mirkarimi is guilty of official misconduct and that's removal from office. while ethics commission rejected most of the charges, the board voted 4-1 on the basis he pled not guilty. the mayor and the ethics commissions arguments for removal are compelling. and neither reading this material and my emotional reaction is disturbance. but i find that a lot of the arguments are questionable from a legal point of view and the policy level. that's what is deeply disturbing to me. we can make a decision about how we deal with official
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misconduct, that sets the tone for the city and future years. it creates a slippery slope moving forward. the fact the ethics commission found most of the issues and settle the mayor's removal to misdemeanor charges for charges that occurred before he was sworn in as sheriff, is deeply disturbing to me. while the emotional satisfaction and political removing and airing officials for a crime that most find unacceptable and tempting. the danger of removing an elected official for misconduct for actions taken before that person is officially in office. it is a dangerous precedent to set and a slippery slope to be opening up this process as a political tool. however intolerable, on the day of december 31, or a subsequent actions following that, our duty is to uphold the law to ensure due process and city government and to safeguard the
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integrity of our democratic processes. and not to twist and contort the law to serve an outcome we may think best serves everyone. i will not be voting today to sustain the charges. >> that was supervisor. i think what he just said that he would not vote to oust the sheriff. so it looks like the sheriff may be able to keep his job because right now, we have three supervisors who have said that they will vote no against the question of whether or not they should remove him from office. what they needed were nine votes. it doesn't look like there would be nine votes to remove the sheriff. we will keep watching and making sure that this -- when the vote happens, we will be there and we will bring you those results when the final vote is in. reporting live at city hall, linda yee, cbs 5. >> linda, thank you. keep us posted. and we'll talk to you soon. all right, the other big
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headline tonight, bay area baseball lives to see another day and dennis, both teams did what they had to do. win. it's that simple. >> live to see another day. it's not the quantity of the hits, it is the quality. both bay area teams did what they had to do to keep hope alive. the a's leading 1-0 over detroit, prince fielder took him deep. a chance to tie the game up. look at cocoa crisp. he took a home run away from the prince. i mentioned only two runs for oakland. this was one of them. the a's win 2-0 and they force a game for tomorrow in oakland. runs at a premium for the giants as well in cincinnati. while this wasn't exactly cocoa- like. hunter made a brilliant number in foul territory and slams into the wall. giants game was tied at 1-10. walking areas hit a ground ball. too hot to handle.
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that score is buster posey. game four tomorrow. barry zito on the hill for san francisco. >> i'm liking it now. yeah, feeling like the worm has turned. >> and there's something magical about those oakland a's fans. good stuff. i'll have more coming up. >> we'll see you then, thanks. >> it was supposed to be a special day for a young antioch boy. instead, he is recovering from a crash that nearly killed his mother. she and a friend were badly hurt, pushing him out of the path of a speeding suv this morning. he spoke with juliette goodrich about his ordeal. >> a tough day for 11-year-old gilbert. it's his birthday and instead of celebrating, he's recovering in the hospital and praying his mom, a school crossing guard, and her friend, survive. >> all i heard was a car and
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my mom started running toward me and pushed me out of the way and they both got hit. >> a car going twice the speed limit struck his mom and another parent standing next to her. >> her condition is very serious. it is very serious. >> both women suffering broken bones and in surgery all day. gilbert was knocked to the ground, suffering cuts and bruises. >> i just thank god that you know, her first thing was, protecting her child, because she risked her life to save his. because she pushed him out of the way and didn't know what was coming towards her and this is what happened. >> the driver and passenger escaped the smashed car. but later police say 22-year- old michael james radcliffe of oakland returned to the scene, admitting he was the driver and he had been drinking. >> this is your birthday, right? what was your plan today? >> i was supposed to go to chuck e. cheese and then i was supposed to go to dinner and go back home. >> that changed.
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>> the passenger in the car remains at large and may have an outstanding warrant for his arrest. as for the two women, they are here at the medical center listed in serious condition. and for gilbert, his birthday plans have been put on hold until his mom returns home. in walnut creek, juliette goodrich, cbs 5. the oakland police officer who shot and killed a teenager during the pursuit has been cleared of any charges. prosecutors say officer miguel acted in self-defense when 18- year-old allen pointed a loaded semi-automatic pistol at him in may. he was shot three times in the chest and shoulder. the shooting has sparked a series of protests at oakland city hall. forcing the city council to restrict public access and stop some meetings all together. we learned of a memo that the san jose police chief has sent to all police officers,
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encouraging them to be themselveses. kit obtained that memo and tells us the secret that they should reveal. >> a few months ago, officer john had a secret to tell the police chief. a secret he had been keeping for half a century. >> you were a nervous wreck. >> yeah, no doubt. it's not something that i tell everybody for 50 plus years. >> the department had just undergone new sensitivity training. at that point, the 56-year-old instructor decided he was in the closet long enough. >> finally, i said the chiefs that i'm gay, too. >> promoting national coming out day saying stress and anguish can result from hiding a person's sexual orientation. the department encourages members to be who they are. >> coming out, so to speak, isn't going to affect any promotional opportunity that
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may be available. any assignments or anything else you want to do in this department. >> rickie and police union president are both openly gay, there could be as many as 40 officers with the department of a thousand cops who are afraid to come out. >> so this is where you're going to do it? >> yeah. >> starting the week for the first time, john will lecture new police academy recruits, not so fusser for years like he did. >> just so liberating that you don't have to worry about all the bags you have been carrying around and when you are working, you can focus on your job, not maintain a cover story and just enjoy life. >> john says they want to be treated just like everybody else. they are not gay officers, but officers who happen to be gay. in san jose, cbs 5. do they make for safe streets or do they just make money? the bay area city that is bucking the trend and adding a
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lot more red light cameras. currently, our number one selling vehicle, we sold 18 over the past weekend. >> another trend on the road. a power surge for car sales. can you guess which one? >> in san jose tonight, one said when it rained, it poured. it's making its way up the peninsula. when we come back.
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red light cameras go up, a heated debate is sure to follow. ann on the bay area city that could soon put a lot of them on the streets. >> the last light before the freeway entrance is often the last place you want to stop. the city of oakland knows that and has a red light camera on 27th and north gate. one of 13 cameras in 11 intersections. one that nabbed this driver. >> i went through the light, when i was going to san francisco. >> the city of oakland is considering more than doubling the number of cameras to 30. carolyn sharp used to drive a taxi here and all for it. >> they need to put more out. not only did we have a lot of runners, but a lot of show boating. >> the city brings in about $1.3 million each year from tickets. which is quite a contrast to about a half dozen other bay area cities that have abandoned
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red light cameras or in the process because it's not cost effective. emeryville did away with theirs in june. >> smaller city, so they might -- >> in oakland, the cameras are set up so not every violator is caught. >> the camera doesn't click unless you are playing. there is one intersection in particular, you have to be really moving right through that intersection before you get a ticket. >> some members want to explore something else. studies show lengthening the duration of the yellow light can prevent more collisions than a camera. it's not clear if the cameras are having the desired effect. some intersections have seen clearer conditions, some have not. >> i am asking for more information. >> council member says since more information is needed, she doesn't think they will take a
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vote tonight. ask the staff to work with the police department and traffic engineers to provide more analysis and only then they will decide when to add more cameras. cbs 5. >> gasoline prices in california are the highest in the nation, but here is some good news. prices jumped only a fraction of a cent overnight. nine days ago, we were paying $4.17 on average. now gas is $4.67. the prices through the roof, len ramirez says some drivers are turning to electric cars. >> all right. driving. off we go. >> andre just bought a plug in hybrid and now feels like a genius. especially when he drives past the gas stations. >> i'm sure glad i bought this car. i bought it three weeks ago and i haven't put gas in it.
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>> his timing was perfect, but he's not the only one taking advantage. >> our number one selling vehicle. with gas price so far, so do they. >> we sold 18 over the past weekend and the past 45 days, we have seen old 100 vehicles. >> that's about three times the normal number of monthly sales. >> when gas gets near $5 a goal lone, people are looking spar electric or hybrid cars. >> when the battery is empty, i can continue going on gas. >> one luck trick, one gases. compared to other popular hybrids and full gasoline cars, the volt is cheaper to drive over the long-term, even though at close to $40,000, it's more expensive to begin with. >> i can come back and barely use any gas. when i'm commuting to work, i
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don't use any gas at all. >> grass-free government is waiting. it takes about $10,000 off the sticker price. in san jose, cbs 5. all right, you think that's good news. acne is going to tell us about wetter news. if this was isolated, but this is the most populous place. a lot of people are getting rain tonight. it materialized on. now it is beginning to move through mountain view and palo alto. it's easing up in san jose, but it came down pretty good. this is unusual. the low pressure is offshore and because it's off flow, it's coming this way. you can see a blossom over san
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jose and it's beginning to move up. it's only a matter of time. when it comes down, it comes down pretty good. very isolated. there's nothing yet, but scattered showers will continue to unwind because that low is moving very slowly. as it unwinds, we'll continue o to get showers. the rain chances through tomorrow night and then we'll get a warming trend by the weekend. have a look at the north bay, not much knop not north bay, not much in the east bay, we head down here that is just about ready to move into the city. that's moving up over san kai lose and up toward brisbane, ail being powered along this. loll will continue to press south, kick inland, continue with scattered showers from
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south to north. more of a chance for the south bay than the north bay. out the door tomorrow, variable clouds, chance of a shower and final point lows. five-day forecast, watch what happens w. dispense with this rain chance, and tomorrow, we're backing into the 80s by sunday, monday, and tuesday. we'll turn it around, but have to wait for the weekend for that. >> it works out. thank you. we're coming right back.
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tonight... our top story - breaking out of san franciso l. ross mirkarimi in case you just joined us tonight, our top story breaking out of san francisco city hall. ross mirkarimi will be reinstated as san francisco's sheriff. in just the past twenty minutes, supervisor john abalos cast the deciding vote, which declined to hold up official misconduct charges against the suspended sheriff. christine and david compose
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were the other two. all of this after a new year's conformation. we'll have more on the vote and what happens tonight coming up at 11:00 on cbs 5. >> one of the biggest construction sites in the bay area is about to come back to life. we're talking about the doyle drive construction project, started back in 2009. remember the huge mess? it looked a little quiet there lately. back in april, there was a tear down of the lower section of the elevated roadway. crews have been working on water, gas, telephone lines, you tillties. but soon, it will be back to the items, and laying down the new permanent roadways. >> in the coming weeks, what people will begin to see is the demolition of the old viaduct. you can see the new and the old. if you visualize the roadway
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continuing, that will be the permanent roadway. >> there will be two roads, with a walkway on top. the next round of demolition work starts in november. the entire project is supposed to be finished by 2015. giants struck out 16 times. a's had five hits. that's not the whole story. we'll show you coming up. ,,,,
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remember just last week, we were talk about a bay bridge world series. both facing elimination. dare i say it, there is something magical about the coliseum right now. a packed house watching the a's get off to a great start. singles and cocoa crisp, the
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a's lead 1-0. and brent anderson, got some big help. prince fielder thinks he has a home run. i don't think so. that was cocoa with the catch. 5th inning,set smith goes deep on sanchez, solo shot. that's your final score. a's avoid elimination. the giants also looking to avoid a sweep to the reds. cincinnati up 1-0. and ryan slides deep to right, great diving catch into the wall. the giants didn't get a hit until the 6th inning. angel sack flies to tie the game at one. two on, two out, the giants and it's can't handle by phone. butter, the giants win 3-1. just two great baseball games to cope the hope alive for the bay bridge world series. >> still a possibility.
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>> all right, coming back at 11:00. >> thank you.
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